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Supreme Court refusal leaves federal subsistence priority intact in Alaska

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Supreme Court refusal leaves federal subsistence priority intact in Alaska


Alaska Native communities secured a victory in their fight to maintain federal subsistence fishing protections after the U.S. Supreme Court on Monday refused to hear Alaska’s appeal, leaving in place a lower-court ruling that preserves decades of precedent.

 The court declined to review Alaska v. U.S., which concerned the state’s authority to issue fishing openings that would conflict with existing federal subsistence rules, according to a Native American Rights Fund news release. By declining review, the high court allowed a Ninth Circuit decision to stand. As the state continues recovering from plummeting salmon populations, a federally-enforced priority for rural — primarily Alaska Natives — communities has limited the state’s ability to open fishing to others. 

The Supreme Court’s refusal effectively ends decades of legal battles sometimes referred to as the “Katie John” cases after the Ahtna Athabascan elder who first challenged Alaska’s subsistence authority in 1985. John’s lawsuit, brought after the state denied her request to open fishing in her community, centered on the Alaska National Interest Lands Conservation Act and its guarantee to prioritize rural communities relying on subsistence fishing over others. 

John’s early 1990s victories, culminating in a 1995 ruling, established a precedent that handed control over that subsistence priority to the federal government due to its reserved water rights. That precedent was then reaffirmed in later cases in 2001 and 2014.The state’s most recent appeal sought to overturn those rulings and return control to Alaska, which argued that subsistence fishing should be open to anyone, not just rural communities. 

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“NARF filed Katie John’s first case in December 1985 and for 40 years has worked to protect the subsistence rights that sustain Alaska Native communities and cultures,” NARF Senior Staff Attorney Erin Dougherty Lynch said in a statement. “Today’s decision closes the door on decades of litigation aimed at eroding those rights.”

The conflict that led to this week’s decision began after years of declining salmon returns on the Kuskokwim River. According to court filings, managers restricted gillnet openings to rural residents during conservation periods to protect the remaining runs. The Alaska Department of Fish and Game issued overlapping emergency orders opening the same waters to all state residents, creating two sets of rules on the river at the same time.

The dispute began in 2021 when the state issued orders to open fishing that contradicted federal fisheries managers’ decision to keep it closed during a salmon shortage.

Federal agencies and tribal organizations challenged the state’s actions, arguing that the river segments in question fall within the Yukon Delta National Wildlife Refuge and are therefore subject to federal subsistence management. Alaska Native groups, including the Alaska Federation of Natives and the Association of Village Council Presidents, sided with the federal government.

A federal district judge agreed and issued an injunction preventing the state from issuing conflicting openings. The Ninth Circuit upheld that ruling in 2025 and rejected Alaska’s broader challenge to the federal subsistence framework, according to Courthouse News Service.

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The appellate panel’s decision relied on the earlier Katie John rulings, which recognized federal authority over certain navigable waters connected to federal lands. Because the Supreme Court declined review, that Ninth Circuit ruling — and federal subsistence priority under the Alaska National Interest Lands Conservation Act — remains in force.

About The Author

Staff Writer

Chez Oxendine (Lumbee-Cheraw) is a staff writer for Tribal Business News. Based in Oklahoma, he focuses on broadband, Indigenous entrepreneurs, and federal policy. His journalism has been featured in Native News Online, Fort Gibson Times, Muskogee Phoenix, Baconian Magazine, and Oklahoma Magazine, among others.

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‘Just-add-water living at its finest’: An Alaska bike journey rolls along

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‘Just-add-water living at its finest’: An Alaska bike journey rolls along


Forest Wagner pushes his fat bike on a drifted-in section of trail in Minto Flats National Wildlife Refuge on March 25, 2026.(Photo by Ned Rozell)

MANLEY HOT SPRINGS — It’s so quiet in these spruce hills and tamarack swamps that 27 hours and 50 miles passed between when Forest Wagner and I said goodbye to one human being at Old Minto and hello to the next near Baker.

Space is in ample supply here on these pressed-in snow trails between towns and villages of Interior Alaska.

Forest and I are out here riding these ephemeral ribbons of blue-white moving westward, with a goal of reaching Nome.

Last Saturday, when it warmed to minus 12 degrees Fahrenheit, I lurched my loaded fat bike out of my home in Fairbanks. Saying goodbye to my wife and dogs, I rumbled eastward on a boot-packed trail that after a mile led to a plowed bike path. I then rolled through the familiar University of Alaska Fairbanks campus and onward 8 miles to Forest’s cabin.

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He handed me a mug of coffee and an egg sandwich. Then we started pedaling our fat bikes down Chena Pump Road until we reached the Tanana River.

Forest Wagner, left, and Ned Rozell pause in front of the tripod on the ice of the Tanana River at the town of Nenana. When river ice breaks up, whoever guesses the exact time the tripod falls and pulls a cable will be the winner of the Nenana Ice Classic. (Photo by Ned Rozell)

We found a trail groomed for a multi-sport winter race, turned right, and headed downstream on our home river, there half a mile wide. It was a day when the weather finally nodded toward spring. Fair-a-dise showed up with bluebird skies as the day warmed to 8 degrees Fahrenheit.

After a month of pillowy snows and crazy cold temperatures and re-telling people our new takeoff days to semi-suppressed eye rolls, we were finally unstuck from the glue of town.

If an object wasn’t hanging off our bikes, we didn’t need it. No more fiddling with the load or obsessing on the 7-day weather forecast. Just big ol’ tires humming on dry snow.

Now, five days and 145 miles later, Forest and I are digesting French toast and bacon our friend Steve O’Brien cooked for us as we wait on the dryer in the Manley washeteria. When we get a few dollar bills we will take showers.

The Tolovana Roadhouse at the mouth of the Tolovana River is open for travelers to rent a bunk in the original structure from the 1925 Serum Run lifesaving dog team mission. Ned and Forest slept here. (Photo by Ned Rozell)

It’s a good life here on the trail, just-add-water living at its finest. Eat everything in front of you, apply some sunblock and keep mashing on the pedals.

Steve O’Brien is one of the many people helping us move westward. In one of the most clutch moments, my wife Kristen and our friend Jen Wenrick appeared wearing headlamps on the packed snow ramp off the Tanana River in Nenana. They handed us burgers and fries from the Monderosa.

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After a surprise tough day due to soft trail that had us working real hard, those burgers and Cokes were like oxygen.

There have been many other acts of kindness from Jenna and David Jonas, Steve Ketzler, Forest’s dad Joe Wagner and others. Tonic for the body and soul.

Jenna Jonas holds her daughter Juniper while her other daughter Celia looks on. Jenna and David Jonas hosted Ned and Forest at their Tanana River homestead on the first night of the bikers’ trip. (Photo by Ned Rozell)

We will meet more excellent people, including some old friends, as we ratchet toward Nome.

When my satellite tracker is on, you can see our arrow creeping across the landscape here: https://share.garmin.com/NedRozell.





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This Day in Alaska History-March 27th, 1964

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This Day in Alaska History-March 27th, 1964


 

The largest landslide in Anchorage occurred along Knik Arm between Point Woronzof and Fish Creek, causing substantial damage to numerous homes in the Turnagain-By-The-Sea subdivision. Courtesy of Wikipedia
The largest landslide in Anchorage occurred along Knik Arm between Point Woronzof and Fish Creek, causing substantial damage to numerous homes in the Turnagain-By-The-Sea subdivision. Courtesy of Wikipedia

J.C. Penney Department Store at Fifth Avenue and D Street, Anchorage District, Cook Inlet Region, Alaska, 1964. Courtesy of USGS
J.C. Penney Department Store at Fifth Avenue and D Street, Anchorage District, Cook Inlet Region, Alaska, 1964. Courtesy of USGS

It was on this day in 1964 that a massive 9.2 earthquake in Southcentral Alaska.

The massive quake at 5:36 pm on March 27th caused much devastation throughout the region and generated a huge tsunami that inundated many communities in the region.

The quake was the largest in the history of the United States and initially killed 15 people while the resulting tsunami killed an additional 100 people in the new state and another 13 in California as well as five in Oregon.

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The megathrust earthquake endured for four minutes and thirty-eight seconds and ruptured over 600 miles of fault and moved up to 60 feet in places.

The deadly quake occurred 15 and a half miles deep 40 miles west of Valdez and generated a ocean floor shift that created a wave 220 feet high.

As many as 20 other smaller tsunamis were generated by submarine landslides.



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Opinion: Alaska’s public schools were once incredible. They can be that way again.

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Opinion: Alaska’s public schools were once incredible. They can be that way again.


(iStock / Getty Images)

I grew up greeting friends and neighbors on my walk to my neighborhood Anchorage public school, just as my kids do now. It’s an essential, and value-added, part of living in our community.

In the late 1990s, when I attended Service High School, I had amazing teachers. My AP chemistry teacher left the oil and gas industry to teach. He could have earned significantly more money in another field, but teaching was competitive enough, given pensions and compensation, that he stayed in the job he loved and gave a generation of students a solid foundation in chemistry.

Now, my kids, who are in first, third and fifth grade, face a different reality. Teachers across our state are leaving in droves. Neighborhood schools across Alaska are closing. Art and music are being combined, which is nonsensical — they are not the same and they are both valuable independently. When he was in second grade, my oldest had a cohort of more than 60 students in his grade — split between two teachers. When he enters sixth grade next year, there will be no middle school sports and he will lose out on electives. Support systems and specialists to help when kids are falling behind have been cut. I’m lucky that my children have had amazing teachers, but many excellent teachers are nearing retirement age or don’t have a pension and are pursuing other careers. What happens then?

Despite skyrocketing inflation, last year was the first time in years that our schools received a significant increase in the Base Student Allocation — and that money doesn’t begin to make up for what they have lost over the years. Even that increase had to overcome two vetoes from what a recent teacher of the year calls “possibly the most anti-public education governor in the history of Alaska.” Shockingly, my own representative, Mia Costello, despite voting for the increase, failed to join the override to support education. She has failed to explain that decision when asked.

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State spending on corrections is up 54% since 2019; meanwhile, spending on education is up only 12% in the same timeframe. Schools are now working with 77% of the funding they had 15 years ago when accounting for inflation.

When we starve our public schools of funding, Alaska families leave. No one wants their child to suffer from a subpar education and the lower test scores and opportunities that come with it. A significant number of people are working in Alaska but choosing not to raise their families here.

To the elected officials who preach school “choice” but starve public schools: our family’s choice is our neighborhood school. It’s our community. It’s where our friends are. Neighborhood public schools, which are required to accept all children, should be the best option out there. Public schools should be a good, strong, viable option for communities and neighborhoods across our great state. Once, they were.

I am thankful for those in the Legislature working to solve these problems. This includes HB 374, which raises the BSA by $630, and HB 261, which would make education funding less volatile.

It breaks my heart that across the state, dedicated teachers keep showing up for our kids while being underpaid and undervalued. Underfunding our schools is also a violation of Alaska’s constitution, which requires “adequate funding so as to accord to schools the ability to provide instruction in the standards.”

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Not so long ago, Alaska’s public schools were adequately funded, and they produced well-educated students and retained excellent teachers. It’s up to all of us to reach out to our elected officials and urge them to make that the case once again.

Colleen Bolling is a lifelong Alaskan and mother of three who cares deeply about Alaska’s schools.

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